How to evict tenant who has sister living with her not on lease?

[redman24]

What is the name of your state? TN

My tenant, who has not paid rent for 3 months, has her sister living with her, who is not on the lease.

When I evict the tenant, I understand I need to include her sister in the eviction since she's also living there, right?

When the judge grants a judgement for delinquent rent, will that judgement only go against the tenant or will the sister be included?

 

[LdiJ]

What is the name of your state? TN

My tenant, who has not paid rent for 3 months, has her sister living with her, who is not on the lease.

When I evict the tenant, I understand I need to include her sister in the eviction since she's also living there, right?

When the judge grants a judgement for delinquent rent, will that judgement only go against the tenant or will the sister be included?

You cannot sue someone for delinquent rent if they never signed or agreed to a lease. So only the tenant can be sued for the delinquent rent.

 

[redman24]

So only the tenant can be sued for the delinquent rent.

In that case, do I really need to include her sister in the eviction? It's more expensive to add the extra person to the eviction, not sure why it's necessary

 

[quincy]

In that case, do I really need to include her sister in the eviction? It's more expensive to add the extra person to the eviction, not sure why it's necessary

Yes. You need to include in the eviction all who are residing in the rental.

 

[adjusterjack]

In that case, do I really need to include her sister in the eviction? It's more expensive to add the extra person to the eviction, not sure why it's necessary

It's necessary. If you don't name her, she stays and the brother goes.

Here's my answer from the other site:

The TN eviction (unlawful detainer) code allows for a monetary award as part of the eviction action:

https://law.justia.com/codes/tennessee/2019/title-29/chapter-18/section-29-18-125/

Here's the full eviction code:

https://law.justia.com/codes/tennessee/2019/title-29/chapter-18/

I found a sample complaint from Nashville:

https://circuitclerk.nashville.gov/sessions/forms/formses_detainer1A.pdf

Seems to me if you are naming both for the eviction you are also naming both for the rents. When the judgment is issued in both names, you go after both for the money.

Check your local court for the forms and instructions.

 

[FarmerJ]

If you name the sister on your court filing for non payment then you risk when she is asked by a judge if the x compliant is true and she says ` no your honor it is not ` and the judge ask her why its not true she can tell the judge `I never rented from him but rented a room from my sister, and then its possible a judge may reject your court case and tell you to re file , So the sister who did rent from you ( post eviction moratorium) to file for eviction based on non payment and to the sister who was the sublet , Proper written notice first telling her to get out and then if she wont leave to use the court to make her get out.

 

[adjusterjack]

If the sister raises that defense, the plaintiff can ask that the eviction apply to both and the rent award apply to the brother. Simple solution for the judge rather than having to see the case again or separate cases against the two.

 

[LdiJ]

If the sister raises that defense, the plaintiff can ask that the eviction apply to both and the rent award apply to the brother. Simple solution for the judge rather than having to see the case again or separate cases against the two.

Possibly, but it's far better to make that distinction clear from the get go.

 

[FarmerJ]

Back when i had rentals I had seen Judges dismiss eviction filings when information was not correct, Landlords are treated by the courts as if they are professional and often not granted that much leeway in courts. SO for the OP it would really suck if a Judge dismissed the eviction for non payment action because one party named in the eviction was not the landlords installed tenant and the LL loses filing fee and it takes even longer to start all over again.